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Articles 1 - 30 of 90
Full-Text Articles in Law
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
William & Mary Law Review
No abstract provided.
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
William & Mary Bill of Rights Journal
Why do the people and institutions of democratic states, and in particular those of the United States, obey judges ? This article examines the foundations of judicial authority in the United States. This authority is grounded on principles of dominance derived from the organization of institutional religion. The judge in Western states asserts authority on the same basis as the priest - but not the priest as conventionally understood. Rather, the authority of the judge in modern Western democratic states is better understood when viewed through the analytical lens of priestly function developed in the philosophy of Friedrich Nietzsche. Focusing …
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
William & Mary Bill of Rights Journal
The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
William & Mary Bill of Rights Journal
Due to the ease of Internet searching, Congress has passed the Child Online Protection Act to protect children from sexually explicit material. Although the Supreme Court has not directly decided the issue, it has hinted that the Act may survive a First Amendment challenge. In this Note, the author argues reasons why the Act should not survive a First Amendment challenge, and that measures such as parental empowerment via government-facilitated use of Internet filtering software are preferable
The Political Economy Of International Antitrust Harmonization, John O. Mcginnis
The Political Economy Of International Antitrust Harmonization, John O. Mcginnis
William & Mary Law Review
No abstract provided.
The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn
The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn
William & Mary Bill of Rights Journal
No abstract provided.
Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin
Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin
William & Mary Bill of Rights Journal
The U.S. government maintains a vast amount of personally-identifiable information on millions of American citizens. Much of this information is contained in electronic databases maintained by federal agencies. Various Freedom of Information Act (FOIA) requesters, such as journalists, marketers, and union organizers seek this information for different purposes including investigative reporting and targeted solicitations. These kinds of uses are known as "derivative uses" because this government-compiled information is requested for purposes other than the official purposes for which the information was originally gathered. These and other derivative uses of personally-identifiable information often implicate privacy concerns. Conversely, restrictions on public access …
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
William & Mary Bill of Rights Journal
No abstract provided.
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
William & Mary Bill of Rights Journal
The juvenile justice system has become increasingly punitive in recent decades. While the juvenile justice system has come to resemble the adult system in this way, juveniles facing adjudication nevertheless are denied the essential Sixth Amendment due process right. This Note will argue that the Louisiana Supreme Court decided State ex rel. D.J. incorrectly and, further, will demonstrate that the nation as a whole should revisit the place of juries in juvenile proceedings.
Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley
Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley
William & Mary Law Review
This Article explores the U.S. "patent first, ask questions later" approach to determining what subject matter should receive patent protection. Under this approach, the US. Patent and Trademark Office (USPTO or the Agency) issues patents on "anything under the sun made by man," and to the extent a patent's subject matter is sufficiently controversial, Congress acts retrospectively in assessing whether patents should issue on such inventions. This practice has important ramifications for morally controversial biotechnology patents specifically, and for American society generally. For many years ajudicially created "moral utility" doctrine served as a type of gatekeeper of patent subject matter …
Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor
William & Mary Law Review
No abstract provided.
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
William & Mary Law Review
No abstract provided.
The Purpose Of Lawyer Discipline, Fred C. Zacharias
The Purpose Of Lawyer Discipline, Fred C. Zacharias
William & Mary Law Review
No abstract provided.
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David Gray Carlson
William & Mary Law Review
No abstract provided.
A Beautiful Mend: A Game Theoretical Analysis Of The Dormant Commerce Clause Doctrine, Maxwell L. Stearns
A Beautiful Mend: A Game Theoretical Analysis Of The Dormant Commerce Clause Doctrine, Maxwell L. Stearns
William & Mary Law Review
While the Commerce Clause neither mentions federal courts nor expressly prohibits the exercise of state regulatory powers that might operate concurrently with Congressional commerce powers, the Supreme Court has long used the dormant Commerce Clause doctrine to limit the power of states to regulate across a diverse array of subject areas in the absence of federal legislation. Commentators have criticized the Court less for creating the doctrine than for applying it in a seemingly inconsistent, or even haphazard way. Past commentators have recognized that a game theoretical model, the prisoners' dilemma, can explain the role of the dormant Commerce Clause …
The Neglected Value Of The Legislative Privilege In State Legislatures, Steven F. Huefner
The Neglected Value Of The Legislative Privilege In State Legislatures, Steven F. Huefner
William & Mary Law Review
Forty-three state constitutions contain a provision, analogous to the U.S. Constitution's Speech or Debate Clause (Article I, Section 6, Clause 1), granting state legislators a legal privilege in connection with their legislative work. While some of these states' provisions have never been applied, recent judicial interpretations in other states have departed from settled federal interpretations of the legislative privilege, failing to apply it broadly to protect the legislative process and instead unduly favoring ideals of open government. This Article defends the value of a broad constitutional privilege for state legislators to protect the integrity of the deliberative process, and presents …
Caring For Mom And Dad: The Importance Of Family-Provided Eldercare And The Positive Implications Of California's New Paid Family Leave Law, K. Nicole Harms
Caring For Mom And Dad: The Importance Of Family-Provided Eldercare And The Positive Implications Of California's New Paid Family Leave Law, K. Nicole Harms
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
"She Breaks Just Like A Little Girl": Neonaticide, The Insanity Defense, And The Irrelevance Of "Ordinary Common Sense", Michael L. Perlin
"She Breaks Just Like A Little Girl": Neonaticide, The Insanity Defense, And The Irrelevance Of "Ordinary Common Sense", Michael L. Perlin
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
"Lady Madonna, Children At Your Feet": Tragedies At The Intersection Of Motherhood, Mental Illness And The Law, Michelle Oberman
"Lady Madonna, Children At Your Feet": Tragedies At The Intersection Of Motherhood, Mental Illness And The Law, Michelle Oberman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
No Blood For Oil? United States National Security, Oil, And The Arctic Wildlife Refuge, Christopher R. Clements
No Blood For Oil? United States National Security, Oil, And The Arctic Wildlife Refuge, Christopher R. Clements
William & Mary Environmental Law and Policy Review
No abstract provided.
Inevitable Disclosure Through An Internet Lens: Is The Doctrine's Demise Truly Inevitable?, Joseph F. Phillips
Inevitable Disclosure Through An Internet Lens: Is The Doctrine's Demise Truly Inevitable?, Joseph F. Phillips
William & Mary Law Review
No abstract provided.
Jurors' Perceptions Of Gender-Biased Linguistic Differences, Monica Hersh Khetarpal Sholar
Jurors' Perceptions Of Gender-Biased Linguistic Differences, Monica Hersh Khetarpal Sholar
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction To The Symposium: Pesticides: What Will The Future Reap?, Natasha C. Robinson
Introduction To The Symposium: Pesticides: What Will The Future Reap?, Natasha C. Robinson
William & Mary Environmental Law and Policy Review
No abstract provided.
Beyond The Dirty Dozen: The Bush Administration's Cautious Approach To Listing New Persistent Organic Pollutants And The Future Of The Stockholm Convention, Pep Fuller, Thomas O. Mcgarity
Beyond The Dirty Dozen: The Bush Administration's Cautious Approach To Listing New Persistent Organic Pollutants And The Future Of The Stockholm Convention, Pep Fuller, Thomas O. Mcgarity
William & Mary Environmental Law and Policy Review
No abstract provided.
Take It Or Leave It: The Supreme Court's Regulatory Takings Jurisprudence After Tahoe-Sierra, Justin W. Stemple
Take It Or Leave It: The Supreme Court's Regulatory Takings Jurisprudence After Tahoe-Sierra, Justin W. Stemple
William & Mary Environmental Law and Policy Review
No abstract provided.
Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners
Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners
William & Mary Environmental Law and Policy Review
No abstract provided.
The Brownfields Act: Providing Relief For The Innocent Or New Hurdles To Avoid Cercla Liability?, Spencer M. Wiegard
The Brownfields Act: Providing Relief For The Innocent Or New Hurdles To Avoid Cercla Liability?, Spencer M. Wiegard
William & Mary Environmental Law and Policy Review
No abstract provided.
State Income Tax Jurisdiction: A Jurisprudential And Policy Perspective, John A. Swain
State Income Tax Jurisdiction: A Jurisprudential And Policy Perspective, John A. Swain
William & Mary Law Review
No abstract provided.
Surviving The Shipwreck: A Proposal To Revive The Failing Division Defense, Amanda L. Wait
Surviving The Shipwreck: A Proposal To Revive The Failing Division Defense, Amanda L. Wait
William & Mary Law Review
No abstract provided.
The Wto: Biting The Hand That Fed It, Curtis S. Miller
The Wto: Biting The Hand That Fed It, Curtis S. Miller
William & Mary Law Review
No abstract provided.